What to do if my husband and I got into an argument and cops were called so he got arrested with domestic battery but I want the charges dropped?

UPDATED: Feb 20, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 20, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my husband and I got into an argument and cops were called so he got arrested with domestic battery but I want the charges dropped?

I already told the prosecutor that I want the charges dropped. The statement the officer wrote did not match anything I had told him. Also, they never read my husband his rights. What will happen? Can we fight this with the statement being wrong and them not reading him his right.

Asked on February 20, 2015 under Criminal Law, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

 Actually, whether or not to drop criminal charges rest with the procesutor's office and not with the alleged victim; this is true whether or not the victim is cooperative. That having been said, if you dispute the police report, this may act as a detergent to go forward with the case (but it may not depending on other facts). As for your husband not being read his rights, the fact is that the Miranda warning need only be read to a person after their arrest if they are to be questioned; if they are not questioned then they do not legally have to be given their rights.

At this point, your husband needs to consult directly with a criminal law attorney; they can best advise him after hearing all of the details of the incident.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption